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While you can leave an instruction in your will about who will care for your child or children in the event of your passing it should be remember that a will never becomes effective until the death of the will creator. Therefore it is imperative for any parent that he or she create a custody designation document to take effect upon the temporary or permanent incapacity of the parent. Without such a document it will create a situation whereby social services will be forced to care for your child until a suitable relative or placement can be found.
This questions or thoughts become extremely important whereby a child’s other parent is unable or unwilling to care for the child in the event of your incapacity. There may be circumstances where the child’s other parent simply is not a good taker and should not be entrusted to care for your child. Most state laws prescribe that a non-custodial parent be given first opportunity to care for a joint child. A custody designation document can help you avoid the unintended consequences of state laws that would put your child in the care of an unfit parent.
Contact our office today to learn what legal instruments or documents are available to help you plan for care for your child or children in the event of incapacity or death.